Hello, I am 16. i turned 16 when my boyfriend was 18, and we are less than 3 years apart. I conceived two or three days after my birthday. I want to put his last name on the birth certificate but I have read that it could backfire on the father from him being over 18. My parents love him and are aware of his age and he’s very involved with my life. I also have good relations with his family and both family’s support my pregnancy and are excited for the new arrival. Nobody wants to press charges, but is there anyway this could be legal?
A defense exists in the Texas Penal Code to sexual assault when the actors are within 3 years ago difference. It would appear that you are within that age difference. From Texas Penal Code Sec. 22.011:
(e) It is an affirmative defense to prosecution under Subsection (a)(2):
(1) that the actor was the spouse of the child at the time of the offense; or
(A) the actor was not more than three years older than the victim and at the time of the offense:
(i) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or
(ii) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and
(B) the victim:
(i) was a child of 14 years of age or older; and
(ii) was not a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01.
Thomas J. Baker of Baker & Tisdale PLLC principally practices in the Central Texas area, including Bell, Coryell, McLennan, Milam and Williamson counties. The advice given here is not and ahould not be taken as a substitute for in-personal consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. I am Board-Certified in Family Law but not in any other areas of practice.
Strangely enough, it is NOT LEGAL, however you DO HAVE a valid DEFENSE so long as the sexual contact was not obtained by force, threat or other method to overcome "resistance" or "consent" such as roofies and/or alcohol. So, while it COULD expose him to prosecution, with the families accepting the relationship, it is UNLIKELY (in my humble opinion) that a prosecutor would accept charges, and just as unlikely that law enforcement would get past investigation and present a charge to the prosecutor. I think most would agree that having the father on the birth certificate is a good thing and having active parents involved in the rearing of the child is preferred in this instance.
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Read this: http://www.theshapirolawfirm.com/News-and-Resources/Articles/Romeo-and-Juliet-Law-in-Texas.shtml
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